Charles D. Guskey, A/K/A Charles Duane v. Cach, Llc ( 2021 )

Dismiss and Opinion Filed June 14, 2021 In the Court of Appeals Fifth District of Texas at Dallas No. 05-16-00915-CV CHARLES D. GUSKEY A/K/A CHARLES DUANE, Appellant V. CACH, LLC, Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-02779 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle We reinstate this appeal. In 2017, we abated this case due to CACH, LLC’s bankruptcy. See TEX. R. APP. P. 8.2. The Court conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system which shows the bankruptcy case associated with this appeal was terminated on February 12, 2020, effectively dissolving the automatic stay. We notified the parties by letter dated May 7, 2021, requesting they inform the Court of the status of the bankruptcy and of this appeal. We cautioned that the failure to respond would result in the appeal being dismissed for want of prosecution. See id. 42.3(b), (c). To date, neither party has responded. Because we gave the parties an opportunity to show why we should not dismiss the appeal for want of prosecution and no one responded, we dismiss this appeal. See id. 42.3(b), (c); Cross v. Beutel, No. 05-91-01700-CV, 2021 WL 1851040, at *1 (Tex. App.—Dallas May 10, 2021, no pet. h.) (mem. op.). /Cory L. Carlyle// 160915f.p05 CORY L. CARLYLE JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHARLES D. GUSKEY A/K/A On Appeal from the 298th Judicial CHARLES DUANE, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-15-02779. No. 05-16-00915-CV V. Opinion delivered by Justice Carlyle. Justices Schenck and Reichek CACH, LLC, Appellee participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered this 14th day of June, 2021. –3–